The above-captioned case was scheduled for hearing on June 11, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Booth, Thornton, Jackson, Sylvester, Burlingame and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 6, 2013 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the June 11, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the March 6, 2013 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved Knox Box.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by properly maintaining the emergency lighting throughout this facility, at the direction, to the satisfaction and within a timetable established by the Newport Fire Marshals Office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with an approved twenty-four hour emergency contact number posted at the fire alarm panel.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the proper supply of spare sprinkler heads.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly posting the occupant load signs within this facility.
	6.  The Board hereby grants a variance from the provisions of section 7.1.8 and its referenced standards in order to allow the Applicant to maintain the existing dimension, configuration and guards of the main ornamental historical stairway within this facility.  This variance is granted on the basis of structural hardship, in the absence of an objection by the Newport Fire Marshals Office, and in light of the additional safeguards the Applicant has provided this facility.
	7.  The Board hereby grants the Applicant a variance from the provisions of section 13.3.1 and its referenced standards in order to allow the Applicant to maintain the cited open stairway within this facility.  Again, this variance is granted on the basis of structural hardship, in the absence of an objection by the Newport Fire Marshals Office, and in light of the safeguards provided this facility by the Applicant.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by removing the cited obstruction.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by repairing the northwest gallery exit door.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by removing the slide bolt from the northwest gallery exit door.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing approved hardwired smoke and CO detection in the apartment of this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing the furnaces of this facility with approved remote shut-off switches.
	13.  During the June 11, 2013 hearing on this matter the Board was advised that the Applicant sought an additional variance in order to maintain the original main doors of this facility which shall be held open and in place during all hours of occupancy.  The Newport Fire Marshals Office had no objection in light of the Applicants providing this facility with an approved full fire alarm system and providing approved sprinkler coverage through the major portions of this facility.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the original doors of this facility, provided these doors are open and locked in place during all hours of occupancy.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See:  Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].